What is Quasi-Community Property in Whatcom County?
Quasi-community property is Washington’s rule for fairly handling assets located in another state besides Washington, and that the couple bought while living in that state.
This post explains in plain English what quasi-community property is, how it can change who owns a house, savings, or a business after a spouse dies or during a divorce, and the simple steps families can take to avoid surprises.
Let’s Zoom Out and Approach This Slowly and Carefully
When couples move across state lines, or when they own property in different states, the way ownership is treated by the law for estate planning and probate can get confusing fast.
One concept that comes up in these situations is quasi-community property. It sounds technical, but understanding it can prevent surprises, especially if you own real estate or other major assets and you live or have lived outside Washington.
Below is a straightforward explanation of what quasi-community property means, how Washington treats it, when it matters most, and how it affects families and estates here in Whatcom County.
What “Quasi-Community Property“ Means
In Washington, we have community property law, but that law only applies to property acquired while living as a married couple in Washington.
Quasi-community property is different.
It refers to property that would have been community property if the couple had lived in Washington when it was acquired, but was actually acquired while living in another state.
Washington recognizes this category when someone dies or gets divorced after moving into the state, and the property is brought into Washington’s legal system.
Community Property vs Quasi-Community Property
Let’s make these terms clear:
Community Property:
Property acquired by a married couple while living in Washington. It belongs equally to both spouses.
Quasi-Community Property:
Property that would have been community property if it had been acquired in Washington, but was actually acquired elsewhere. Washington treats it like community property when a spouse dies or the estate is administered here.
This rule prevents couples from avoiding Washington community property principles simply by moving before acquiring assets.
How Washington Treats Quasi-Community Property
When someone dies owning quasi-community property, Washington law usually treats that property similar to community property for probate purposes. That means:
It’s often divided between the surviving spouse and the decedent’s estate.
It may be included in the estate for the purpose of calculating the spouse’s share under community property rules.
The personal representative must account for it when inventorying probate assets.
This matters because real estate or other high-value assets can shift how much passes to a spouse or other heirs.
Why This Matters For Estates
If you’re handling an estate that includes property acquired outside Washington, especially property owned before moving here, quasi-community property can affect:
The surviving spouse’s share of the estate
Whether the decedent’s separate property is reduce by equaliaztion
How probate assets are distributed
Tax and valuation considerations
In other words, it can change the bottom line for heirs and surviving spouses.
Common Misunderstandings
“Quasi-community property only matters out of state“
It matters because Washington law recognizes it when someone dies here.
“If we owned a home in another state. it won’t affect probate.“
It can affect probate if the property would have been community property if owned in Washington.
“it only applies to real estate.“
No, it can apply to any assets acquired as part of a married couple’s efforts before moving to Washington (vehicles, bank accounts, business interest, etc.).
How Quasi-Community Property is Determined
A few key questions help determine whether property qualifies:
Was the property acquired while married in another state?
Would that property be community property if it was acquired in Washington?
Did the couple move to Washington and live here when the spouse died or the estate was administered?
If the answer to all three is yes, then Washington's quasi-community property rules often apply.
What Personal Representatives Should Do
If you’re the surviving spouse of someone who had out-of-state assets:
Talk early about where assets were acquired and when you moved.
Review title and ownership history for real estate and major assets.
Work with professionals familiar with Washington probate and property law.
Keep clear records of marital status, residency, and acquisition dates.
These steps make it easier to apply the right legal rules when it’s time.
What Surviving Spouse Should Know
If you’re the surviving spouse of someone who had out-of-state assets:
Talk early about where assets were acquired and when you moved.
Review title and ownership history for real estate and major assets.
Work with professionals familiar with Washington probate and property law.
Keep clear records of marital status, and acquisition dates.
These steps make it easier to apply the right legal rules when it’s time.
Helpful Washington Resources
RCW Chapter 26.16 — Community Property
https://app.leg.wa.gov/rcw/default.aspx?cite=26.16Washington Probate Overview (Plain English)
https://www.nolo.com/legal-encyclopedia/washington-probate-an-overview.htmlWhatcom County Superior Court Probate
https://www.whatcomcounty.us/3341/Probate
Final Thoughts
Quasi-community property sounds technical, but it’s basically Washington’s way of making sure fairness follows you when you move here, not unintended advantages or disadvantages.
This article is general information about Washington property and probate law and is not legal advice. For guidance about your specific situation, consult a Washington estate planning attorney or other qualified professional.
If you’re in Whatcom County and want help thinking through how this applies to real estate, estates, or planning ahead, I’m happy to walk through the practical steps and options with you.
I keep an up-to-date list of probate attorneys who actively work with families here in Whatcom County. There are six options on the list, and they all offer a brief discovery call at no charge so you can ask where to start, what paperwork matters, and what to do next. Click the button below for instant access.
